Test coming for Ginsburg's promise to leave if she's not at 'full steam'

Retirement could create crisis for liberals sooner than they hoped

Published: 01/10/2019 at 9:19 AM

(Washington Examiner) Supreme Court Justice Ruth Bader Ginsburg has repeatedly said she will retire when she is no longer able to work “full steam” — a promise that could be put to the test this week — or soon after — with the 85-year-old justice sitting out oral arguments while recovering from cancer surgery.

Ginsburg’s absence for the past three days and recent health issues have fueled speculation about her future on the high court. If Ginsburg steps down as one of the four liberal justices currently serving, President Trump will almost certainly appoint a conservative replacement, tilting the court further to the Right.

If Ginsburg is serious about her repeated vow to step down if she is not fully robust, liberals could be facing a crisis in the judiciary sooner than they think. Widely viewed as tenaciously willing to hang on with a Republican in the presidency, Ginsburg’s own affirmations suggest she may view competency to conduct the court’s business as a matter that rivals the court’s ideological makeup in importance.